Legal

Terms and Conditions

Last Updated: April 20, 2017



 1. Contractual Relationship

These Terms of Use (“Terms”) govern the access or use by you, an individual, from within the United States and its territories and possessions of applications, websites, content, products, and services (the “Services”) made available in the United States and its territories and possessions by Swoop Inc. and its subsidiaries and affiliates (collectively, “SWOOP”). In these Terms, the words “including” and “include” mean “including, but not limited to.” The following terms and conditions (the “Terms of Use”) form a binding agreement between you and us, whether or not you register as a “Member” or browse the Site or Services as a “Visitor”, where “you” or “your” refers to the person accessing or using the Sites or Services. Our Site and Services are designed to assist you in determining the availability of travel-related goods and services and to make legitimate requests, reservations, payments and to otherwise transact business with transportation providers (such travel services, “Transportation Services” and the providers, “Transportation Providers”).

SWOOP DOES NOT PROVIDE TRANSPORTATION SERVICES AND IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE THIRD PARTY TRANSPORTATION PROVIDER(S), DRIVER OR VEHICLE OPERATOR TO OFFER TRANSPORTATION SERVICES WHICH MAY BE SCHEDULED THROUGH USE OF THE APPLICATION, WEBSITE, OR SERVICES. WE OFFER INFORMATION AND A METHOD TO OBTAIN SUCH THIRD PARTY TRANSPORTATION SERVICES, BUT DO NOT AND DO NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING A SITE, DOWNLOADING AN APPLICATION OR USING THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE ANY SITE OR SERVICE OR DOWNLOAD ANY APPLICATION. If you do not agree to all of these terms, our lawyers are unwilling to let us provide you with any Site or Services, and you have to cease access to the Sites and Services immediately and delete any Applications on your mobile devices.

SWOOP may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in region-specific disclosures (e.g., a particular city webpage on www.swoopapp.com) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

SWOOP may amend the Terms related to the Services from time to time. Amendments will be effective upon SWOOP posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

Our collection and use of personal information in connection with the Services is as provided in SWOOP’s Privacy Policy located at swoopapp.com/legal


2. The Services

The Services constitute a technology platform that enables users of SWOOP’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule transportation and/or logistics services with third party providers of such services, including independent third party transportation providers and third party logistics providers under agreement with SWOOP’s or certain of SWOOP’s affiliates (“Third Party Providers”). Unless otherwise agreed by SWOOP in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT SWOOP DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER.

PLEASE NOTE THAT SEPARATE TERMS AND CONDITIONS WILL APPLY TO THE TRANSPORTATION SERVICES YOU BOOK, INCLUDING PAYMENT RATES AND CANCELLATION POLICIES THAT ARE SET BY THE TRANSPORTATION PROVIDERS (“TRANSPORTATION RULES”). Any such terms are incorporated into these Terms of Use.

 

2a. Users

You may simply browse the Site, or you may register with SWOOP and create an account (“Account“). If we believe or suspect that any information you provide us is not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof). Visitors agree not to attempt to access Member areas of the Sites or Services.

 

2b. License

Subject to your compliance with these Terms, SWOOP grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by SWOOP and SWOOP licensors.

 

2c. Restrictions

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by SWOOP; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

 

2d. Provision of the Services

You acknowledge that portions of the Services may be made available under SWOOP’s various brands or request options associated with transportation or logistics. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of SWOOP’s subsidiaries and affiliates; or (ii) independent Third Party Providers, including Transportation Network Company drivers, Transportation Charter Permit holders or holders of similar transportation permits, authorizations or licenses.

 

2e. Third Party Services and Content

The Services may be made available or accessed in connection with third party services and content (including advertising) that SWOOP does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. SWOOP does not endorse such third party services and content and in no event shall SWOOP be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

 

2f. Ownership

The Services and all rights therein are and shall remain SWOOP’s property or the property of SWOOP’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner SWOOP’s company names, logos, product and service names, trademarks or services marks or those of SWOOP’s licensors.


3. Your Use of the Services


3a. User Accounts

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 21 years of age to obtain an Account. Account registration requires you to submit to SWOOP certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or SWOOP’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by SWOOP in writing, you may only possess one Account.

 

4. User Requirements and Conduct.

The Service is not available for use by persons under the age of 18. It is our goal to make access to our Site and Services a good experience for all of our users. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

You agree not to, and represent and warrant that you will not use, reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, your use of the Site or Services, or access to the Site or Services for any purposes other than for which the Site or Services are being provided to you, or do any of the following:

Conduct or promote any illegal activities while using the Site or Services;

  • Upload, distribute or print anything that may be harmful to minors;

  • Attempt to reverse engineer or jeopardize the correct functioning of the Site or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site or Services;

  • Attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;

  • Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;

  • Use the Site or Services to generate unsolicited email advertisements or spam;

  • Use the Site or Services to stalk, harass or harm another individual;

  • Use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts);

  • Interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;

  • Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission;

  • Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or

  • Mirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.


5. Restricted Activities

With respect to your use of SWOOP and your participation in the Services, you agree that you will not:

1) impersonate any person or entity;

2) stalk, threaten, or otherwise harass any person, or carry any weapons;

3) violate any law, statute, ordinance or regulation;

4) use the SWOOP in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

5) create liability for us or cause us to become subject to regulation as a transportation carrier or provider of taxi service;

6) link directly or indirectly to any other web sites;

7) transfer or sell your User account, password and/or identification to any other party; or

8) cause any third party to engage in the restricted activities above.

We reserve the right, but we have no obligation, to suspend or deactivate your User account if you do not comply with these prohibitions.


6. Cancellations and No-Shows

Any cancellations or no-shows will be governed by our policies and/or the applicable Transportation Provider’s Transportation Rules. Additionally, certain Bookings have specific cancellation windows and you will be charged if you fail to show for a booking and fail to cancel the reservation within the cancellation window. The Transportation Rules and associated fees may vary by Transportation Provider. Without limiting the foregoing, SWOOP also reserves the right to charge you cancellation fees and/or no-show fees. Depending on the Transportation Services booked and the circumstances of the cancellation or no-show, such fees range from a flat-fee to the full quoted fare. You hereby authorize any such charges and fees.

 

7. Text Messaging

By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services.

 

8. Promotional Codes

SWOOP may, in SWOOP’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that SWOOP establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by SWOOP; (iii) may be disabled by SWOOP at any time for any reason without liability to SWOOP; (iv) may only be used pursuant to the specific terms that SWOOP establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. SWOOP reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that SWOOP determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

 

9. User Provided Content

SWOOP may, in SWOOP’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to SWOOP through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to SWOOP, you grant SWOOP a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and SWOOP’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant SWOOP the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor SWOOP’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by SWOOP in its sole discretion, whether or not such material may be protected by law. SWOOP may, but shall not be obligated to, review, monitor, or remove User Content, at SWOOP’s sole discretion and at any time and for any reason, without notice to you.

 

10. Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. SWOOP does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

 

11. Payment

You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges”). Either before or after you have received services or goods obtained through your use of the Service, SWOOP will facilitate your payment of the applicable Charges on behalf of the Third Party Provider, as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by SWOOP. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. SWOOP will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good.

All Charges are due immediately and payment will be facilitated by SWOOP using the preferred payment method designated in your Account, after which SWOOP will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that SWOOP may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.

As between you and SWOOP, SWOOP reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in SWOOP’s sole discretion. SWOOP will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. SWOOP may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee.

This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Except with respect to taxicab transportation services requested through the Application, SWOOP does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by SWOOP (on SWOOP’s website, in the Application, or in SWOOP marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that SWOOP provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.

 

12. Repair and Cleaning Fees

You shall be responsible for the cost
of repair for damage to, or necessary cleaning of, Third Party Provider
vehicles and property resulting from use of the Services under your Account in
excess of normal “wear and tear” damages and necessary cleaning
(“Repair or Cleaning”). a
Driver reports that you have materially damaged the Driver’s vehicle, you agree
to pay a “Damage Fee” of up to $250 depending on the extent of the damage (as
determined by Lyft in its sole discretion), towards vehicle repair or cleaning.
Lyft reserves the right (but is not obligated) to verify or otherwise require
documentation of damages prior to processing the Damage Fee.
 If a Driver reports that you have materially or
physically damaged the vehicle, you agree to pay a “Damage Fee” of up to $1000
depending on the extent of the damage (as determined by SWOOP in its sole
discretion), towards vehicle repair or cleaning. Swoop reserves the right (but
is not obligated) to verify or otherwise require documentation of damages prior
to processing the Damage Fee.

 

13. DISCLAIMER

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SWOOP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SWOOP MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SWOOP DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

 

14. LIMITATION OF LIABILITY.

SWOOP SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF SWOOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SWOOP SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF SWOOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SWOOP SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SWOOP’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL SWOOP’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500).

SWOOP’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT SWOOP HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

 

15. Indemnity

You agree to indemnify and hold SWOOP and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) SWOOP’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

 

16. Arbitration

THE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and SWOOP, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and SWOOP are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and SWOOP otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

 

16a. Arbitration Rules and Governing Law

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

 

16b. Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

 

16c. Arbitration Location and Procedure

Unless you and SWOOP otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and SWOOP submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

 

16d. Arbitrator’s Decision.

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. SWOOP will not seek, and hereby waives all rights SWOOP may have under applicable law to recover, attorneys’ fees and expenses if SWOOP prevail in arbitration.

 

17. Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, SWOOP will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

 

18. Changes to Terms

Notwithstanding the provisions of the modification-related provisions above, if SWOOP changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing SWOOP written notice of such rejection by mail or hand delivery to: Swoop Inc., Attn: Dispute Resolutions, 5151 W Rosecrans Ave, Hawthorne,  CA 90250, within 30 days of the date such change became effective, as indicated in the “Last update” date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and SWOOP in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

 

19. Choice of Law

These Terms are governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.

 

20. Claims of Copyright Infringement

Claims of copyright infringement should be sent to SWOOP’s designated agent. Please visit SWOOP’s web page swoopapp.com/legal for the designated address and additional information.

 

21. Notice

SWOOP may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to SWOOP, with such notice deemed given when received by SWOOP, at any time by first class mail or pre-paid post to Swoop Inc :5151 W Rosecrans Ave, Hawthorne, CA 90250.

 

22. Other

You may not assign these Terms without SWOOP’s prior written approval. SWOOP may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of SWOOP’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, SWOOP or any Third Party Provider as a result of `this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the maximum extent permitted under law. SWOOP’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SWOOP in writing.

 

23. Transportation Provider Terms

By using Swoop Services, as detailed above, to book rides with contracted Transportation Providers, you are subject to separate terms and conditions (“Transportation Rules”) provided by the relevant Transportation Provider, including payments, rates and cancellation policies. It is your responsibility to seek out the applicable Transportation Rules for each relevant Transportation Provider.

 

24. Electronic Communications

You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on swoopapp.com (“Site”), satisfy any legal requirement that such communications be in writing.

 

25. Your account

If you use SWOOP or Swoop’s Services, you are responsible for maintaining the confidentiality of any personal or financial information you provide, including but not limited to information provided in your SWOOP account. You acknowledge that SWOOP is not responsible for third party access to your personal, financial, or account information that results from theft or misappropriation of your provided information. SWOOP and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

SWOOP does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian.

 

26. Links to third party sites/Third party services

SWOOP’s Site, Application, and Services may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of SWOOP and SWOOP is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SWOOP is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SWOOP of the site or any association with its operators.

Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the the Site domain, you hereby acknowledge and consent that SWOOP may share such information and data with any third party with whom SWOOP has a contractual relationship to provide the requested product, service or functionality on behalf of the Site users and customers.

Statement of Privacy

Last Updated: April 20, 2017




1. General

Protecting your private information is our priority. This Statement of Privacy applies to swoopapp.com and Swoop Inc. and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Swoop Inc. include swoopapp.com and Swoop. The Swoop website and mobile applications are information and booking reservations tools. By using the Swoop website, mobile application, and other Swoop services you consent to the data practices described in this statement.


2. Collection of your Personal Information

Swoop may collect personally identifiable information, such as your name. If you purchase Swoop’s products and services, we collect billing and credit card information. This information is used to complete the purchase transaction. Swoop may also collect demographic information such as your age, gender, associated addresses, company name, preferred routes, and commuting frequency. We may gather additional personal or non-personal information in the future.

Information about your computer hardware and software may be automatically collected by Swoop. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Swoop website and Swoop’s services.

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Swoop’s public message boards, this information may be collected and used by others.

Swoop encourages you to review the privacy statements of websites you choose to link to from Swoop so that you can understand how those websites collect, use and share your information. Swoop is not responsible for the privacy statements or other content on websites outside of the Swoop website.


3. Use of your Personal Information

Swoop collects and uses your personal information to operate its website(s) and deliver the services you have requested.

Swoop may also use your personally identifiable information to inform you of other products or services available from Swoop and its affiliates. Swoop may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

Swoop does not sell, rent or lease its customer lists to third parties.

Swoop may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. Swoop may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Swoop, and they are required to maintain the confidentiality of your information.

Swoop may keep track of the websites and pages our users visit within Swoop, in order to determine what Swoop services are the most popular. This data is used to deliver customized content and advertising within Swoop to customers whose behavior indicates that they are interested in a particular subject area.

Swoop will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Swoop or the site; (b) protect and defend the rights or property of Swoop; and, (c) act under exigent circumstances to protect the personal safety of users of Swoop, or the public.


4. Security of your Personal Information

When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.


5. Children Under Thirteen

Swoop does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.


6. Changes to this Statement

Swoop will occasionally update this Statement of Privacy to reflect company and customer feedback. Swoop encourages you to periodically review this Statement to be informed of how Swoop is protecting your information.


Mailing Address:

5151 W Rosecrans Ave, Hawthorne, CA 90250

 

Information Email:

info@swoopapp.com

 

Phone:

(310) 263-0550